Prosecutor in Alec Baldwin Rust Trial Asks Judge Who Dismissed the Case to Reconsider
The ammunition wasn’t included in the shooting evidence, they argued. “We’re talking about a prosecution that didn’t preserve those bullets, that didn’t collect them at all. That didn’t turn them over,” Nikas said during the trial.
“This is critical evidence in the case that was never disclosed to us… We were entitled to it,” he added. “This case should be dismissed.”
At the time, Morrissey called herself to testify under oath and explained why she didn’t think the ammunition handed over was considered Rust evidence. Per Corporal Alexandria Hancock of the Santa Fe Sheriff’s Office, Morrissey had previously been involved in talks to file the ammunition separately from the other Rust evidence.
Judge Sommer issued her ruling shortly after Morrissey left the witness stand, revealing her decision to dismiss the case with prejudice.
Morissey’s latest First Judicial District Court of New Mexico documents reiterated, “The State asserts that there were insufficient facts to support the Court’s ruling and there was no violation of the Defendant’s due process rights.”
“Specifically, the State asserts that, while the State may have suppressed the ammunition from Defendant Baldwin, the Defendant was aware of the existence of the ammunition and the specific characteristics of the ammunition prior to trial, the ammunition is not favorable to the defendant and is not material to his defense,” the documents added.
After July’s decision was announced, Baldwin and his wife Hilaria cried in the courtroom. A source told PEOPLE at the time that they were “relieved that it’s over.” Added that source, “It’s been a sad situation, and there is no winning here. They didn’t celebrate.”
